Five months ago Chicago startup Opternative was forced out of South Carolina after lawmakers voted to ban the company's online eye exam technology. Today, Opternative announced it will sue the state.
Opternative is filing a lawsuit Thursday challenging the constitutionality of South Carolina Senate Bill 1016, which put in place an “eye care consumer protection law” that forbids online eye exam companies from operating in the state. Opternative's technology allows patients to take an eye exam from their computer and get a glasses or contacts subscription sent via email--all without needing to visit an optometrist. Opternative is filing the lawsuit alongside the Institute of Justice in the South Carolina Court of Common Pleas.
The question Opternative wants answered is: Can the government restrict access to health care technology in favor of existing storefront businesses?
“We’re suing the state of South Carolina to protect patients’ right to accessible and affordable eye care services,” Opternative CEO and Co-Founder Aaron Dallek said in a statement. “Doctors should be able to use Opternative’s innovative telehealth technology to help patients in South Carolina see clearly.”
South Carolina lawmakers and optometrists believe the technology is potentially dangerous. Optometrists and optometry associations have lobbied government officials about their concerns with technology like Opternative, and the American Optometric Association says there are "severe pitfalls in separating refractive tests from annual comprehensive eye exams performed in-person by an eye care professional."
Opternative contends that its technology is not a replacement for a comprehensive eye exam. Instead, it helps fill the gap for people who need a prescription renewed every year, but need a comprehensive exam only every 5 to 10 years.
Opternative has support from South Carolina Governor Nikki Haley, who previously vetoed bill S. 1016. In a written statement, Haley said: “I am vetoing this bill because it uses health practice mandates to stifle competition for the benefit of a single industry," adding “During my administration, South Carolina has expanded access to healthcare, including mental health services, to rural and underserved regions of our state using telemedicine. Unfortunately, a small group of eye care professionals is seeking to block new technologies that expand low-cost access to vision correction services.”
But in May, lawmakers overwhelmingly voted to override the Governor's veto. The Senate approved the veto override in a 39 to 3 vote, and the House voted to override 98 to 1.
“This case presents a simple choice between new technologies that expand access to care and protectionist legislation to preserve the profits of established businesses,” Institute of Justice Senior Attorney Robert McNamara said in the statement. “Patients and their doctors should be in charge of managing their own healthcare decisions, not the South Carolina General Assembly.”
South Carolina, Georgia and Indiana are the three states that have banned Opternative's technology. The company currently operates in 39 states.
As technology continues to disrupt traditional industries, you're seeing legislative battles play out across ride-sharing and home-sharing with companies like Uber, Lyft and Airbnb growing quickly. Opternative's fight for online eye exams, while lesser known, could have big ramifications for the eye-care industry with the outcome of its latest lawsuit--both in South Carolina and across the US.
Image via Opternative
